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(영문) 대구고등법원 2012.11.15 2012노403
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The Defendant recognized a crime and said that he will not drive under the influence of alcohol in the future.

There is no criminal conviction sentenced for the same crime.

The crime of this case was conducted simply by drinking.

The defendant thought that the previous math alcohol was to be changed, and that the vehicle was driven at around 01:00 p.m., and the circumstances leading to the crime of this case are considered.

Such circumstances are favorable to the defendant.

However, the defendant has been sentenced to a six-time fine due to the crime of drinking driving and driving without a license and a two-time suspended sentence of imprisonment.

In particular, the crime of this case was committed in 2009 due to the crime of drinking driving and driving without a license, but the period of the suspension of execution has not passed, and therefore, the crime of this case was committed again.

The blood alcohol concentration level of the instant case is not less than 0.107% and less than that of the instant case.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court is deemed to be too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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